The Commission further established that at the end of another discussion at the Ministry of Justice office— attended by Justice Minister Ephraim Mganda Chiume, the Attorney General Maxon Mbendera, the Director of Public Prosecutions Rosemary Kanyuka, and the Senior Deputy Chief State Advocate Zolomphi Nkowani— it was agreed that two applications be made to the court.

“The first was to seek an order of injunction restraining President Joyce Banda, then Vice President, from being sworn in as President and for an order to allow cabinet ministers, under section 85 of the Constitution, to elect an Acting President and an Acting Vice President.

The second application was to revive the determination of the referral case.

“But this was against earlier advice from Mbendera who repeated it to Chiume on April 7 that the Constitution was clear that the Vice President should ascend to the presidency.

“He [Mbendera] informed the Minister [Chiume] that he would resign if he was forced to proceed to court.

NB:Chiume is a homey to Joyce Banda’s Husband Richard, Justice Minister Ralph Kasambara and Attorney General Anthony Kamanga.